HomeMy WebLinkAboutMINUTES - 03061990 - 1.4 (2) 1-041 14'
s ` Contra
TO: BOARD OF SUPERVISORS /�
FROM:
Costa
Phil Batchelor, County Administrator s
County
DATE:
February 26, 1990
SUBJECT: LEGISLATION: AB 2896 (Hunter)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMLMATION
Adopt a position in SUPPORT of AB 2896 by Assemblywoman Hunter
which would eliminate the right of a court to reinstate in an
alcohol treatment program an individual who has failed to follow
the rules of an alcohol treatment program in which they have been
participating. The bill would also add reckless driving where
consumption of an alcoholic beverage was involved to the list of
offenses for which a court can suspend or delay for one year the
driving privileges of an individual between the ages of 13 and
21.
BACKGROUND:
Under current law a person subject to having their driving
privilege revoked or suspended on the basis that they were
convicted of driving while under the influence of alcohol or
alcohol and any drug, may have their driving privilege only
restricted if they participate in a program of alcohol services
for problem drinkers. However, if the individual fails to comply
with the rules and policies of the program the individual' s
driving privilege may be revoked or suspended. However, under
current law, a court may reinstate the individual to the alcohol
program if the court is convinced that the individual should be
reinstated in the program. If the court reinstates the
individual, the individual' s driving privileges cannot be
suspended or revoked but instead may only be restricted. The law
provides the court no guidelines or basis for reinstating the
individual to the alcohol program.
Yes G2�
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
,4 �
SIGNATURE S: " X rc�'�^-. /;f
ACTION OF BOARD ON Ma rob 6 () APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
x UNANIMOUS(ABSENT 2 ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.. Q(�
CC: "'
ATTESTED MAR 1990
PHIL BATCHELOR,CLERK OF THE BOARD OF
Please see Page 2. SUPERVISORS AND COUNTY ADMiNiSTRATOR
BY ,DEPUTY
M382 (10/88)
AB 2896 repeals the right of the court to reinstate the
individual to the alcohol program.
Under current law, a court is required to suspend or delay for
one year the driving privileges of a person under the age of 21
but 13 years of age or older who commits any of several specified
offenses. AB 2896 would add to this list of offenses that of
reckless driving when the prosecution makes a factual statement
that there was consumption of an alcoholic beverage, or ingestion
or administration of any drug involved in the offense.
It appears that passage and enactment of AB 2896 would further
the Board' s war on drugs since it imposes more strict rules on
those who are found guilty of driving while under the influence
of alcohol or alcohol and other drugs. It is therefore
recommended that the Board of Supervisors indicate its support
for AB 2896, as introduced.
cc: County Administrator
District Attorney
Sheriff-Coroner
Public Defender
County Probation Officer
Health Services Director
Drug Program Administrator
Alcohol Program Administrator
Chair, Drug Abuse Advisory Board
Chair, Alcohol Advisory Board
Les Spahnn, SRJ. Jackson, Barish & Associates